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KALPESH L. GUPTAKALPESH L. GUPTAB. Com., LL.M. (Busi. Laws), M. Phil. (Law)B. Com., LL.M. (Busi. Laws), M. Phil. (Law)

ACADEMIC ASSOCIATE – BUSINESS POLICY AREAACADEMIC ASSOCIATE – BUSINESS POLICY AREAINDIAN INSTITUTE OF MANAGEMENT - INDIAN INSTITUTE OF MANAGEMENT -

AHMEDABADAHMEDABAD

SUBJECTSUBJECTBRAND & BRAND MANAGEMENT - AN BRAND & BRAND MANAGEMENT - AN

OVERVIEWOVERVIEW

EX STUDENT OF SKPCC (YEAR 2000-2003EX STUDENT OF SKPCC (YEAR 2000-2003))

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WHAT IS BRAND :-

A brand is the identity of a specific product, service, or business. A brand can take many forms, including a name, sign, symbol, color combination or slogan. A legally protected brand name is called a trademark. The word brand has continued to evolve to encompass identity it affects the personality of a product, company or service.

The American Marketing Association (AMA) defines a brand as a "name, term, sign, symbol or design, or a combination of them intended to identify the goods and services of one seller or group of sellers and to differentiate them from those of other sellers.

Therefore it makes sense to understand that branding is not about getting your target market to choose you over the competition, but it is about getting your prospects to see you as the only one that provides a solution to their problem.

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Objectives that a Good Brand will achieve include :

1. Delivers the message clearly2. Confirms your credibility3. Connects your target prospects Emotionally4. Motivates the buyer5. Concretes User Loyalty

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WHAT IS BRAND MANAGEMENT AND INGREDIENTS :-

Brand management is the application of marketing techniques to a specific product, product line, or brand. It seeks to increase a product's perceived value to the customer and thereby increase brand franchise and brand equity. Marketers see a brand as an implied promise that the level of quality people have come to expect from a brand will continue with future purchases of the same product. This may increase sales by making a comparison with competing products more favorable. It may also enable the manufacturer to charge more for the product. The value of the brand is determined by the amount of profit it generates for the manufacturer

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PRINCIPLE OF BRAND MANAGEMENT :-

A good brand name should :- 1. be protected (or at least protectable) under Trademark law.2. be easy to pronounce.3. be easy to remember.4. be easy to recognize.5. be easy to translate into all languages in the markets where the brand will be used.6. attract attention.7. suggest product benefits or suggest usage (note the tradeoff with strong trademark protection.)8. suggest the company or product image.9. distinguish the product's positioning relative to the competition.10. be attractive.11. stand out among a group of other brands.

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ONLINE BRANDING :-

Branding has been a business buzzword for many years. But the term has implications far beyond corporate logos, mission statements and theme songs. Effective branding is all about telling customers who you are, what you do and how you do it.

Despite recent tragedies in the U.S. and the bad rap that the Internet has received over the past year, more people are spending time and money online than ever before. That's why it's vitally important for small businesses and solo entrepreneurs alike to use the Internet to make an impact. 9 WAYS TO COMMUNICATE A ROCK-SOLID IDENTITYBY BOB BAKER

Cont…

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ONLINE BRANDING :- MORE PEOPLE ARE SPENDING TIME & MONEY ONLINE THAN EVER BEFORE

9 STEPS TO HELP YOU CARVE A FOCUSED IDENTITY ONLINE -BY BOB BAKER (BOB BAKER IS THE AUTHOR OF "POOR RICHARD'S BRANDING YOURSELF ONLINE: HOW TO USE THE INTERNET TO BECOME A CELEBRITY OR EXPERT IN YOUR FIELD." (Source :- http://www.websitemarketingplan.com/online/Branding.htm )

1. DEFINE YOUR BRAND UPFRONT2. LEAD WITH WHAT YOU DO, NOT WHO YOU ARE3. USE A REAL PERSON AS A FIGURE HEAD4. DEVELOP A FAN-CLUB MENTALITY5. MAKE GOOD USE OF WORDS6. MAKE SURE VISUAL ELEMENTS REINFORCE YOUR IDENTITY7. BECOME A ONE STOP DESTINATION8. PUBLISH A E-MAIL NEWS LETTER9. BE VISIBLE THROUGH ONLINE FORUM *

* www.facebook.com/pages/Fastrack www.facebook.com/pages/Amul-Butter

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PROFIT MAXIMIZATION,WEALTH MAXIMIZATION, CONSUMER MAXIMIZATION :-

1. PROFIT MAXIMIZATION :- Concentrate on Maximum Profit

2. WEALTH MAXIMIZATION :- Concentrate on Increment of wealth

3. CONSUMER MAXIMIZATION :- Concentrate on more market share

CONSUMERISM :-

-MORE PRODUCT FOR CONSUMERS

-CREATE UNWANTED NECESSITY OF PRODUCT

- CONSUMER ARE TREATED AS SCAPEGOAT (BALIKA BAKRA) BY MANUFACTURER / TRADER

MISLEADING ADVERTISEMENT :-

-“COMPLANN” – RECENTLY REGI. CASE AGAINST CO.

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MISLEADING ADVERTISEMENT :-

MAHARASHTRA FOOD & DRUG ADMINISTRATION TAKES COMPLAN TO COURT OVER ‘TALL’ CLAIM (THE TIMES OF INDIA, JULY 9, 2010)

CHARGESHEET FILED BY FDA IN MAZGAON METROPOLITAN MAGISTRATE. THE FDA’S CHARGSHEET NAMES SEVEN OFFICIALS HEINZ INDIA PVT. LTD. IN ITS PETITION DATED MAY 3, 2010 CLEARLY STATING THE OFFENCE AS “AN EXAGGERATED ADVERTISEMENT ON TELEVISION CHANNELS ABOUT FOOD ARTICLE COMPLAN

FOOD JOINT COMMISSIONER C B PAWAR TOLD TOI THAT A MONTH LONG INVESTIGATION HAD PRECEDED THE FILING OF THE CASE

DR. R K ANAND IN LATE 1970 TOOK ON THE MNC’S MIGHT FOR SUGGESTING THAT BRANDED MILK PRODUCTS COULD TRANSFORM YOUR INFANT INTO A ‘BONNIE, BONNIE BABY’ CONT……

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MISLEADING ADVERTISEMENT :- IN THE LATE 1970S ANAND ALONG WITH THE LIKE MINDED DOCTORS FORMED THE ASSOCIATION FOR CONSUMER’S ACTION ON SAFETY AND HEALTH (ACASH)AND MOVED THE INDIA’S GOVT. INTO FORMULATING THE INFANT MILK SUBSITUTE ACT TO STOP USING PICTURES OF BABIES ON TINS AND PACKS THAT COULD LURE MOTHERS TO BUY THE PRODUCTS

CUT TO 2009 WHEN AFTER BEING FLOODED WITH QUERIES FROM TOO MANY MOTHERS ABOUT COMPLAN’S CLAIM TO ADD TWO INCHES. THEN ANAND DECIDED TO ACT AGAIN AND CONSULTED DOCTORS OF INDIAN ACADEMY OF PEDIATRICS

DR R K ANAND, THE 77-YEAR-OLD PAEDIATRICIAN FROM JASLOK HOSPITAL, POINTS OUT TO SIMPLE LOGIC: "IF A CHILD IS GIVEN EXTRA NUTRITION ALONG WITH NORMAL DIET, HE OR SHE IS BOUND TO GROW BETTER." 

VIOLATION OF PROVISION OF THE PREVENTION OF FOOD ADULTERATION ACT. 1954

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ACTION AGAINST MISLEADING ADVERTISEMENT :-(THE HINDU, AUGUST 8, 2010)THE FOOD SAFETY AND STANDARD AUTHORITY OF INDIA (MOHFW) HAS DIRECTED THE STATE FOOD SAFETY COMMISSIONER TO SCRUTINISE AND INITIATE STINGENT ACTION AGAINST ADVERTISEMENT WHICH RAISE MISLEADING CLAIMS ON THE QUALITY OF FOOD AND BEVERAGES BEING MARKETED IN THE STATE.

EXAGGERATION OF QUALITY….COMPANIES WILL NOT USE ….EDIBLE OIL… ‘SUPER REFINED’, ‘EXTRA REFINED’, ‘MICRO REFINED’, DOUBLE REFINED’, ULTRA REFINED’, CHOLESTOREL FRIENDLY’ ETC..THIS AD ALLEGEDLY TRY TO DECEIVE THE CUSTOMER

CASES WILL BE REGISTERED UNDER FOOD SAFETY AND STANDARD ACT 2006 AND PROVED GUILTY , IT WILL INVITE PENALTY OF RS. 10 LAKH. (SECTION 53 OF FSS ACT) THE BURDEN TO PROVE THE CLAIM WILL BE ON THE COMPANY AND IT SHOULD BE SUPPORTED WITH SCIENTIFIC EVIDENCES

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PRODUCT MARKET & SERVICE MARKET :-

PRODUCT MARKET IS FOR ONE TIME

BUT SERVICE MARKET IS FOR LONG TIME

e.g.CAR & CAR REPAIRING

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PRODUCT MARKET & SERVICE MARKET :-

e.g.

NOKIA MOBILE & NOKIA SERVICE CENTRE

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SOME EXPLANATION / RELATIONS ETC. ON BRANDING :-

1. BRAND EXTENSION

e.g. Fair & Lovely – Multi Vitamin

2. BRAND ALLIANCE

e.g. Dell Computer – Intel Core

3. BRAND & CORPORATE SOCIAL RESPONSIBILITY (CSR)CSR ACTIVITIES AFFECT A VARIETY OF COUTCOMES, COMPANIES IMAGE, EVALUATION, MARKET VALUE, PRODUCT EVALUATION ETC. CSR ACTIVITIES SHOWS THAT COMPANIES IS VERY SERIOUS ABOUT THE SOCIETY.

4. CULTURAL SYMBOLISM OF BRANDPEOPLE BUY PRODUCT NOT ONLY FOR WHAT THEY DO, BUT ALSO FOR WHAT THE PRODUCT MEANS, THUS BRANDS CAN BE SYMBOLS THAT BECOME PART OF THE INDIVIDUALS IDENTITIES OF CONSUMERS. PEOPLE USE THE SYMBOLISM IN BRANDS TO COMMUNICATE TO OTHERS WHO THEY ARE OR WHO THEY ASPIRE TO BE.

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BRAND / INTELLECTUAL PROPERTY :-

BRANCH OF INTELLECTUAL PROPERTY :-

1.TRADEMARK (COMPLANNTM / ® )2.PATENT3.COPYRIGHT (© JAMNADAS & CO.)4.DESIGN5.GEOGRAPHICAL INDICATION ETC… (“DARJALING TEA”)

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1818MRF MADRAS RUBBER FACTORY

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2020

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CADBURY INDIA LTD. FULLY OWNED SUBSIDIARY OF KRAFT FOOD INC. US IN FEB 2010

(1824 – JOHN CADBURY, UK)

EXAMPLE OF BRAND EXTENSION

1. CADBURY – DAIRY MILK

2. CADBURY – BOURN VITA

3. CADBURY – FIVE STAR

4. CADBURY – PERK

5. CADBURY – GEMS

6. CADBURY - CELEBRATION

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- The firm today known as Kraft Foods was formed on December 10, 1923 by Thomas H. McInnerney

- Headquartered in US

- Canadian-born and of German origin, James L. Kraft started a wholesale door-to-door cheese business in Chicago in 1903

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BRAND / INTELLECTUAL PROPERTY :-

BRANCH OF INTELLECTUAL PROPERTY :-

TRADEMARK

TRADE MARK INCLUDES…

(Sec. 2(zb) OF THE TRADE MARK ACT, 1999)

“TRADE MARK MEANS A MARK CAPABLE OF BEING REPRESENTED GRAPHICALLY AND WHICH IS CAPABLE OF DISTINGUISHING THE GOODS OR SERVICES OF ONE PERSON FROM THOSE OF OTHERS………”

(Sec. 2(1)(j) OF THE TRADE & MERCHANDISE MARKS ACT, 1958)

“TRADE MARK INCLUDES A DEVICE, BRAND, HEADING, LABEL, TICKET, NAME, SIGNATURE, WORD, LETTER OR NUMERICAL OR ANY COMINATION THEREOF”

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PROTECTION FOR BRAND / TRADEMARK :-

THE TRADE MARK ACT, 1999

- APPLICATION FOR REGISTRATION OF TRADE MARK TO REGISTRAR IN GUJARAT AT AHMEDABAD)

- REGISTRATION VALID FOR 10 YEARS , CAN BE RENEWED

- PERSON LIABLE FOR CIVIL AND CRIMINAL LIABILITY FOR INFRINGMENT OF TRADE MARK

- FILE CASE FOR INJUNCTION AND SUIT FOR DAMAGES

- IMPRISONMENT UPTO 6 MONTHS & RS. 50000 /- FINE (SUBSEQUENT OFFENCE , 1 TO 3 YEARS IMPRISONMENT AND FINE 1- 2 LAKH

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BRAND / TRADEMARK PROTECTION :-

SOME CASES..

1. “REDIFF” - “RADIFF” (INTERNET)

2. “MATHURA GHEE” - “MATHURAG GHEE” (GHEE)3. “BETALONG” – “BETALOC” (PHARMA CO.)4. “AMBAL” – “ANDAL” etc….

SUPREME COURT (1970) – “the resemblance between two marks must be considered with reference to ears and as well as eyes”

Recent Illustration :- 1.Fair & Lovely TM, - MULTI VITAMIN TM

2.Vaseline TM MEN TM

3.Ponds’ TM – WHITE BEAUTY TM

MFG. BY :- HINDUSTAN UNILEVER LTD.

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“UNINOR”

UNITECH(INDIA)

32.75% SHARE

TELENOR(NORWAY)

67.25% SHARE

JV

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